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Commercial Law Keyed to Whaley
Anthony Pools v. Sheehan
Citation:
295 Md. 285, 455 A.2d 434 (Md. 1983)Facts
In 1976, Plaintiffs contracted with Anthony Pools to design and build an inground swimming pool with a diving board in their backyard. Later that year, Plaintiffs hosted a party where the husband, Mr. Sheehan, attempted to use the diving board and suffered bodily injuries when he fell from the side of the diving board. Plaintiffs subsequently sued Anthony Pools, claiming that the skid resistant material built into the surface of the diving board did not extend fully to the edge of the board on each side which amounted to a breach of an implied warranty of merchantability under Article 2 of the Uniform Commercial Code as adopted by the State of Maryland.
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